Md. Ful Hassan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44279 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Md. Ful Hassan, Son of Late Sk. Shamshul,

2. Md. Akhtar, Son of Late Sk. Shamshul,

3. Md. Mukhtar, Son of Late Sk. Shamshul,

4. Md. Azad, Son of Md. Mukhtar, All resident of Village- Sonma, P.S.- Singhiya, District- Samastipur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Singhiya P.S. Case No. 89 of 2017 (G.R. 550 of 2017), registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 447, 427, 379 and 504 of the Indian Penal Code.

As per the F.I.R. against the petitioner no.1 Md. Ful Hassan there is allegation that he snatched Rs. 2,000/- which was kept in the pocket of the informant and against rest petitioners there is specific allegation, specific allegation is against Navi Hassan and Md. Afsar who have assaulted with sword to the informant and his nephew Md. Zahid, general and omnibus allegation is that all the accused persons damaged the household

Patna High Court Cr.Misc. No.44279 of 2017 (2) dt.21-09-2017 2/2 articles and committed lootpat.

Submission is of false implication and that Navi Hassan and Md. Afsar have already been allowed bail vide B.P. No. 746 of 2017, due to land dispute and enmity the petitioners have been implicated. Navi Hassan has lodged Singhiya P.S. Case No. 88 of 2017 and by way counterblast this case has been lodged, no case under Section 307 of the I.P.C. is made out and section 379 of I.P.C. is super addition and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vth, Roesra, Samastipur, in connection with Singhiya P.S. Case No. 89 of 2017 (G.R. 550 of 2017), subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T